BILL NUMBER: AB 1475	CHAPTERED  10/10/99

	CHAPTER   663
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 6, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 9, 1999
	PASSED THE SENATE   SEPTEMBER 8, 1999
	AMENDED IN SENATE   SEPTEMBER 7, 1999
	AMENDED IN SENATE   AUGUST 16, 1999
	AMENDED IN SENATE   JULY 13, 1999
	AMENDED IN ASSEMBLY   MAY 28, 1999

INTRODUCED BY   Assembly Member Soto
   (Principal coauthor:  Assembly Member Villaraigosa)
   (Coauthors:  Assembly Members Aroner, Correa, Davis, Dutra, Kuehl,
Lempert, Longville, Scott, Strom-Martin, and Wiggins)
   (Coauthor:  Senator Johnston)

                        FEBRUARY 26, 1999

   An act to amend, repeal, and add Sections 2331 and 2333 of, and to
add and repeal Section 2333.5 of, the Streets and Highways Code,
relating to highways.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1475, Soto.  Highways:  Safe Routes to School construction
program.
   Existing law requires that certain federal transportation funds
received by the state be spent on specified transportation programs
authorized under federal law.  The funds are required to be made
available for use in approximately equal amounts on state highways
and on local roads.
   This bill would require the Department of Transportation, in
consultation with the Department of the California Highway Patrol, to
establish and administer a "Safe Routes to School" construction
program pursuant to authority granted under specified federal law and
to use federal transportation funds for construction of bicycle and
pedestrian safety and traffic calming projects.
   The bill would require the department to make grants available to
local governmental agencies under the program based on the results of
a statewide competition that requires submission of proposals for
funding and rates those proposals on specified factors.
   The bill would require the specified federal transportation funds
to be made available so that not less than $1,000,000 be used for
construction grants and the remaining funds for use in approximately
equal amounts on state highways, local roads, and the program that
the bill would create.
   The bill would require the department to undertake a specified
study and to report to the Legislature on or before December 31,
2001.
   The provisions of the bill would remain in effect only until
January 1, 2002, and as of that date would be repealed unless a later
enacted statute, that is enacted before that date deletes or extends
that date.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 2331 of the Streets and Highways Code is
amended to read:
   2331.  (a) The Highway Safety Act of 1973 (Title II of P.L. 93-87,
87 Stat.  250) has authorized appropriations for a number of
programs relating to projects for the improvement of highway safety
and the reduction of traffic congestion.  These programs consist of
the rail-highway crossings program (Section 203 of the Highway Safety
Act of 1973), the pavement marking demonstration program (Sec.  151,
Title 23, U.S.C.); projects for high-hazard locations, including,
but not limited to, projects for bicycle and pedestrian safety and
traffic calming measures in those locations (Sec. 152, Title 23,
U.S.C.); program for the elimination of roadside obstacles (Sec. 153,
Title 23, U.S.C.); and the federal-aid safer roads demonstration
program (Sec. 405, Title 23, U.S.C.).  The purpose of this chapter is
to implement these programs in this state.  The commission, the
department, boards of supervisors, and city councils are authorized
to do all things necessary in their respective jurisdictions to
secure and expend federal funds in accordance with the intent of the
federal act and of this chapter.
  (b) This section shall remain in effect only until January 1, 2002,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1,  2002, deletes or extends that
date.
  SEC. 2.  Section 2331 is added to the Streets and Highways Code, to
read:
   2331.  (a) The Highway Safety Act of 1973 (Title II of P.L. 93-87,
87 Stat. 250) has authorized appropriations for a number of programs
relating to projects for the improvement of highway safety and the
reduction of traffic congestion.  These programs consist of the
rail-highway crossings program (Section 203 of the Highway Safety Act
of 1973), the pavement marking demonstration program (Sec. 151,
Title 23, U.S.C.); projects for high-hazard locations (Sec. 152,
Title 23, U.S.C.); program for the elimination of roadside obstacles
(Sec. 153, Title 23, U.S.C.); and the federal-aid safer roads
demonstration program (Sec. 405, Title 23, U.S.C.).  The purpose of
this chapter is to implement these programs in this state.  The
commission, the department, boards of supervisors, and city councils
are authorized to do all things necessary in their respective
jurisdictions to secure and expend federal funds in accordance with
the intent of the federal act and of this chapter.
   (b) This section shall become operative on January 1, 2002.
  SEC. 3.  Section 2333 of the Streets and Highways Code is amended
to read:
   2333.  (a) In each annual proposed budget prepared pursuant to
Section 165, there shall be included an amount equal to the estimated
apportionment available from the federal government for the programs
described in Sections 2331 and 2333.5.  The commission may allocate
a portion of those funds each year for use on city streets and county
roads.  It is the intent of the Legislature that the commission
allocate the total amount received from the federal government for
all of the programs described in Sections 2331 and 2333.5 in a manner
that, over a period of five years, makes not less than one million
dollars ($1,000,000) of those funds available for use pursuant to
Section 2333.5 and the remaining funds available for use in
approximately equal amounts on state highways, local roads, and the
program established under Section 2333.5.  In addition, it is the
intent of the Legislature that the commission shall apportion for
use, in financing the railroad grade separation program described in
Section 190, a substantial portion of the funds received pursuant to
the federal rail-highway crossings program.  Notwithstanding any
other provision of law, the share of any railroad of the cost of
maintaining railroad crossing protection facilities funded, in whole
or in part, by funds described in Section 2331 shall be the same
share it would be if no federal funds were involved and the crossing
protection facilities were funded pursuant to an order of the Public
Utilities Commission pursuant to Section 1202 of the Public Utilities
Code; and in case of dispute, the Public Utilities Commission shall
determine that share pursuant to this section.
  (b) This section shall remain in effect only until January 1, 2002,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2002, deletes or extends that date.

  SEC. 4.  Section 2333 is added to the Streets and Highways Code, to
read:
   2333.  (a) In each annual proposed budget prepared pursuant to
Section 165, there shall be included an amount equal to the estimated
apportionment available from the federal government for the programs
described in Section 2331.  The commission may allocate a portion of
those funds each year for use on city streets and county roads.  It
is the intent of the Legislature that the commission allocate the
total amount received from the federal government for all of the
programs described in Section 2331 in a manner that, over a period of
five years, those funds are made available for use in approximately
equal amounts on state highways and on local roads.  In addition, it
is the intent of the Legislature that the commission shall apportion
for use, in financing the railroad grade separation program described
in Section 190, a substantial portion of the funds received pursuant
to the federal rail-highway crossings program.  Notwithstanding any
other provision of law, the share of any railroad of the cost of
maintaining railroad crossing protection facilities funded, in whole
or in part, by funds described in Section 2331 shall be the same
share it would be if no federal funds were involved and the crossing
protection facilities were funded pursuant to an order of the Public
Utilities Commission pursuant to Section 1202 of the Public Utilities
Code; and in case of dispute, the Public Utilities Commission shall
determine that share pursuant to this section.
   (b) This section shall become operative on January 1, 2002.
  SEC. 5.  Section 2333.5 is added to the Streets and Highways Code,
to read:
   2333.5.  (a) The department, in consultation with the Department
of the California Highway Patrol, shall establish and administer a
"Safe Routes to School" construction program pursuant to the
authority granted under Section 152 of Title 23 of the United States
Code and shall use federal transportation funds for construction of
bicycle and pedestrian safety and traffic calming projects.
   (b) The department shall make grants available to local
governmental agencies under the program based on the results of a
statewide competition that requires submission of proposals for
funding and rates those proposals on all of the following factors:
   (1) Demonstrated needs of the applicant.
   (2) Potential of the proposal for reducing child injuries and
fatalities.
   (3) Potential of the proposal for encouraging increased walking
and bicycling among students.
   (4) Identification of safety hazards.
   (5) Identification of current and potential walking and bicycling
routes to school.
   (6) Consultation and support for projects by  school-based
associations, local traffic engineers, local elected officials, law
enforcement agencies, and school officials.
   (c) With respect to the use of funds provided in subdivision (a),
prior to the award of any construction grant or the department's use
of those funds for a "Safe Routes to School" construction project
encompassing a freeway, state highway or county road, the department
shall consult with, and obtain approval from, the Department of the
California Highway Patrol, ensuring that the "Safe Routes to School"
proposal compliments the California Highway Patrol's Pedestrian
Corridor Safety Program and is consistent with its statewide
pedestrian safety statistical analysis.
   (d) The department shall study the effectiveness of the program
established under this section with particular emphasis on the
program's effectiveness in reducing traffic accidents and its
contribution to improving safety and reducing the number of child
injuries and fatalities in the vicinity of the projects.
Notwithstanding Section 7550.5 of the Government Code, the department
shall submit a report to the Legislature on or before December 31,
2001, regarding the results of that study.
  (e) This section shall remain in effect only until January 1, 2002,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1,  2002, deletes or extends that
date.
